Shri.Dnyanu Bhau Pawale (Deceased Thru Lrs) 1a) Smt.Tarabai Dnyanu@Dnyandev Pawale v. Shri.Sidhagonda Tukaram Patil

Rane 1/2 CAS-1408-2018 (SR. 902) Tuesday, 2.4.2019

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 1480 OF 2018 IN SECOND APPEAL NO. 666 OF 2018 Shri. Dnyanu Bhau Pawale (deceased thru. Lrs) 1A) Smt. Tarabai Dnyanu @ Dnyandev Pawal .....Applicants V/s.

Shri. Sidhagonda Tukaram Patil and Ors.

....Respondents **** Mr. Sandeep S. Koregave, Advocate for the applicants. Mr. Manoj A. Patil, Advocate for respondents no.1 to 3. CORAM : SANDEEP K. SHINDE, J.

CORAM : SANDEEP K. SHINDE, J.

Tuesday, 2 Tuesday, 2nd nd April, 2019.

April, 2019.

P.C. :

P.C. :

1.

Heard learned Counsel for the parties.

2.

The Second Appeal is admitted on the substantial question of law.

3.

It is not in dispute that the appellant-defendant is in

Rane 2/2 CAS-1408-2018 (SR. 902) Tuesday, 2.4.2019 possession of the suit house from construction till date. Since the Appeal is admitted on the substantial question of law, it is expected to preserve the suit property till the disposal of the Appeal.

4.

For the reasons stated hereinabove, the execution of the impugned decree is stayed during the pendency of the Appeal.

5.

Hearing is expedited.

6.

The Civil Application stands disposed of.

(SANDEEP K. SHINDE, J)